African Law eJournal最新文献

{"title":"A Critical Appraisal of the African Continental Free Trade Area Agreement","authors":"Olabisi D. Akinkugbe","doi":"10.2139/ssrn.3734608","DOIUrl":"https://doi.org/10.2139/ssrn.3734608","url":null,"abstract":"Despite Africa’s fragmented sub-regional economic regimes, the AfCFTA Agreement represents a significant moment for African States to harness the continent’s international trade and investment opportunities on their own terms. The AfCFTA Agreement initiates a set of complex and lengthy negotiations with a view to reducing tariffs, galvanize industrial production and boost Africa’s trade. The success of Africa’s reinvigorated liberal internationalism embodied in the AfCFTA Agreement depends on a host of factors that primarily includes its effective implementation.This Chapter situates the AfCFTA Agreement in the historical and contemporary contexts of the mixed performance of sub-regional economic communities and other regimes in which its implementation will be embedded. The Chapter also examines the pre-existing structural deficiencies that the COVID-19 pandemic has brought to the fore and their implications for the AfCFTA Agreement. Building on the foregoing, the Chapter also critically examines the blindspots of the pan-Africanist underpinning of the AfCFTA Agreement for the future of trade regime in Africa.The Chapter examines the substantive provisions of the AfCFTA Agreement and its institutions focusing on the question of supranationality in the decision-making process. In the third section, I deepen the Chapter’s analysis by examining the promise of the AfCFTA in the shadow of Africa’s mixed record of economic cooperation. Based on the analyses of the systemic deficiencies in African regional trade regimes, as impacted by the COVID-19 pandemic. To illustrate the latter, I draw on the finance sector - debt burden conundrum and digitalisation. The examples are selected to illustrate areas where historical deep-seated challenges exist and emerging sectors that African leaders should capitalise for a better post-pandemic Africa. I contend that a critical understanding of pan-Africanism and in a morphological sense that acknowledges its shortcomings is important to understanding the attitude of African States to the lethargic implementation of regional trade agreements. Operating with such consciousness, I contend, engenders a better understanding of the intrigues of the implementation phase, as opposed to the narrow, lack of political will arguments.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"29 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114121428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Oil and Gas Discovery a Tranquilizer for Economic Growth; Nigerian Frontier","authors":"Temitayo Bello, Chinemenma Igbokwe","doi":"10.2139/ssrn.3720743","DOIUrl":"https://doi.org/10.2139/ssrn.3720743","url":null,"abstract":"Since oil was discovered in Nigeria back in 1956, the manufacture and dependence of oil has been a subject of uncertainty for years. It is generally believed that nations with bountiful natural resources should thrive and be one of the nations at the top but it has been realized that such has been the opposite. However, it has been a matter of conflict as to the influence of oil on the Nigerian economy as it still seems indecisive. The oil economy of Nigeria is a very important sector of the country; it is unfortunate that due to high rated corruption the impact does not seem to be felt. With this, the article will majorly seek to expatiate on the impact of the oil sector on the economy generally with the aid of history; qualitative and quantitative data to demonstrate the impact of oil over the years; as well as the concept of resource course. <br><br>The article state that the positive and negative impact of oil discovery is discussed and from the history as well as statistical data representing the situation. It concluded that with the way Nigeria is at the moment, the oil seems to have a more negative impact due to various factors as discussed in the paper. The problem of Nigeria did not start in one day and in tackling the issues the government as well as the people needs to re-strategize and dig deep into the root of the problems which even started from our fathers.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121058604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"To Tax or not To Tax? Questioning Customer Loyalty Programmes","authors":"Sumarie Swanepoel, Teresa M. Pidduck","doi":"10.2139/ssrn.3765982","DOIUrl":"https://doi.org/10.2139/ssrn.3765982","url":null,"abstract":"South Africa, like many other countries, needs additional sources of tax revenues. Recent debate indicates that one potential source of revenue is the taxation of customer loyalty rewards in the hands of customers. The arguments for the taxation of these rewards have been put forward from a principled perspective and not from a legal basis. We argue that while the taxation of these rewards would increase tax revenue, legislative reform is required as there are strong arguments that the rewards are actually not taxable. We suggest tax reforms that attempt to provide certainty and equity in the treatment of such rewards as a whole in order to provide additional revenue for the fiscus.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128349600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shares: Rights and Obligations under Nigerian Law","authors":"Adewunmi Ramat Adesina","doi":"10.2139/ssrn.3692423","DOIUrl":"https://doi.org/10.2139/ssrn.3692423","url":null,"abstract":"<br>Shares are a commonplace term in corporate law practice. Hence, it is imperative for anyone remotely involved in the operations of company or a prospective investor to be aware of the nitty gritty concerning them. This article seeks to cater to this need by providing an insight into shares and what they represent under Nigerian law and would entail an overview of the:<br><br>• Meaning of shares;<br><br>• Classes of shares;<br><br>• Persons qualified to take up shares;<br><br>• Rights of shareholders; and<br><br>• Obligations of shareholders. <br><br>","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116227008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Befriending the Court: Behind and Beyond the 2016 Supreme Court Amicus Curiae Rulings in Uganda","authors":"J. Oloka-Onyango","doi":"10.2139/ssrn.3617254","DOIUrl":"https://doi.org/10.2139/ssrn.3617254","url":null,"abstract":"In the heat of the 2016 presidential election petition challenging the re-election of Yoweri Kaguta Museveni in Uganda, two amicus curiae applications were filed in the Supreme Court--one from a group of civil society activists, while the other was instituted by nine Makerere University law professors. This article provides a review and analysis of the Supreme Court decisions on the two applications against the backdrop of a largely conservative approach to the admission of amicus curiae briefs in Ugandan courts. It argues that the decision in the Makerere professors’ case set a progressive precedent for the admission of such applications, and clarified several issues, including the questions of bias, the expertise of the intended ‘friends’, and the place of the public in such an application.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123827186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Africa and Human Rights: Past, Present and Future","authors":"O. Agbede","doi":"10.2139/ssrn.3612418","DOIUrl":"https://doi.org/10.2139/ssrn.3612418","url":null,"abstract":"The root of most Human Rights discussions in Africa stems from the input of foreigners, either Europeans, the English. This tracing of everything human right to the whites gives the impression that they introduced the better morality, better religion, better idea of right as distinct from wrong and better idea of human rights into our “barbaric practice and tradition”. The writer as a prelude to our discussion would be examining the concept \"Africa\" and “human right”, going further to refute the erroneous assertion as evidenced supra that human rights is a relatively new concept to Africa, concluding the discussion with a subtle outlook of the African Charter.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"63 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132864578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Management and Shareholders Corporate Relations: An Analysis of Independent Management in Nigeria","authors":"Julius Inegbedion, Nikky Nneka Obiechie","doi":"10.2139/ssrn.3608326","DOIUrl":"https://doi.org/10.2139/ssrn.3608326","url":null,"abstract":"Both the Board of Directors and the Members of the General meeting possess roles in the running of a company. However, situations do arise when the actions of the controlling shareholders do tend to influence the decisions and actions of the management of the company.<br><br>To this end, this paper aims to examine the independent management of directors as regards the relationship between management and shareholders. In pursuit of this, this paper examines the roles of directors and shareholders towards the company and further examines independent management and the interest of shareholders, to determine where both concepts can be separated, and where they collide. <br><br>It is the aim of the paper that the readers understand the purpose and need for independent directors and the challenges in the practicability of true independence by this independent management or directors.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133338388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adapted Sporting Activities and Social Inclusion for Persons With Hearing Impairment in Calabar Municipality Local Government Area Cross River State","authors":"Hycenth Oyong","doi":"10.2139/ssrn.3568553","DOIUrl":"https://doi.org/10.2139/ssrn.3568553","url":null,"abstract":"The study investigated a possible relationships between adapted sporting activities and social inclusion of students with hearing impairment in secondary schools in Calabar Municipality of Cross river State. The study was an opinion survey. There null hypotheses in line with the research questions were posed based on the three independent variables of the study. The variables include adapted field events, adapted track events and adapted recreational sports events. The correlation variables of the study which was social inclusion of student with hearing impairment. Effective data collection was ensured through a designed of 20 items questionnaire on adapted sporting activities and social inclusion of students with hearing impairment was administered to 129 students with and without hearing impairment in Calabar Municipality. The data collected was statistically tested using pearson product moment correlation Analysis at 0.05 Alpha Level. The result showed that there is a significant relationship between adapted field events and social inclusion of students with hearing impairment, adapted track event have significant relationship with social inclusion of students with hearing impairment and there is a statistically significant relationship between adapted recreational sport and social inclusion of students with hearing impairment. Based on the findings, it was recommended among others that schools administrator should be committed to the responsibility of organizing regular adapted sporting activities to break any barrier by reason of disabilities and using the medium to preach acceptance as well as dragging the attention of the government to the need of equalizing all opportunities for all children regardless of disabilities. Finally it was suggested that research could be conducted to investigate barriers militating against the design and organization of adapted sporting activities for students with hearing impairment.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129340965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enhancing The Court Annexed Mediation Environment in Kenya","authors":"Dr. Kariuki Muigua, Ph.D","doi":"10.2139/ssrn.3833291","DOIUrl":"https://doi.org/10.2139/ssrn.3833291","url":null,"abstract":"The paper explores the workings of court annexed mediation in Kenya. With the recent entry in force of the Singapore Mediation Convention, the place of mediation has been elevated. Consequently, some of the shortcomings previously associated with mediation such as recognition and enforcement of settlement agreements have now been catered for under the Convention. This has created a conducive environment for the growth of mediation. In Kenya, court annexed mediation was introduced by the judiciary in 2015 and has witnessed notable success. The paper argues that if court annexed mediation is well actualised, it can enhance access to justice in Kenya and enable the country reap the benefits of mediation as a form of Alternative Dispute Resolution (ADR). The paper highlights some of the successes of court annexed mediation. It also pinpoints some concerns and challenges facing court annexed mediation and suggests solutions aimed at enhancing the mediation environment in Kenya in line with the spirit of ADR embraced under the Constitution of Kenya, 2010.","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131494922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Afar Perspectives on Ethiopia-Eritrea Rapproachment: Two Roads to Assab","authors":"J. Magnet","doi":"10.2139/ssrn.3303549","DOIUrl":"https://doi.org/10.2139/ssrn.3303549","url":null,"abstract":"On July 9, 2018 Ethiopia and Eritrea signed a Joint Declaration of Peace and Friendship, which committed the two governments “to forge intimate political, economic, social, cultural and security cooperation.” On July 17, 2018 Ethiopia’s Ministry of Foreign Affairs announced that preparations were underway for landlocked Ethiopia to use Eritrea’s port of Assab, and that a task force had been established for implementation.<br><br>Use of the Assab port has critical economic significance for Ethiopia and Eritrea both. It also has implications for the traditional inhabitants of the port area and surrounding environs – the Afar people. <br><br>The port and surrounding lands are Afar traditional territory, inhabited by Afar people for almost two thousand years. With respect to these lands, both the Special Rapporteur on the situation of human rights in Eritrea and the Commission of Inquiry on Human Rights in Eritrea found that Eritrea engaged in widespread and systematic persecution of the Afar people, including ethnic cleansing – a crime against humanity. <br><br>The Commission [of Inquiry on Human Rights in Eritrea] collected information that the Afar people have been subjected to extrajudicial killings and enforced disappearance by the Eritrean Government since 2000. These killings have also triggered their displacement from their lands within the country and across borders to Ethiopia and Djibouti....The commission, therefore, finds that Eritrean officials have committed the crime of persecution, a crime against humanity, in a widespread and systematic manner since May 1991.<br><br>In June, 2018 the SR-Eritrea reported that Eritrea’s crimes are ongoing. On October 24, 2018, the SR-Eritrea reported that the Afar people “have been removed from around Assab ... an area traditionally belonging to or used by them” by force.<br><br>This paper considers the following questions and proposals: <br><br>(1) If Ethiopia is now to use the Assab port and surrounding lands without consent of the Afar people, will it be involving itself in Eritrea’s crimes? <br><br>(2) Approximately 200,000 Eritrean Afar have fled Eritrea and now live as asylum seekers and refugees in neighbouring Ethiopia, Sudan and Djibouti. The UNHCR maintains that “Voluntary repatriation remains the main durable solution” to the world’s refugee crisis. Nobody would voluntarily return to Eritrea today unless they had reliable guarantees of personal security, prophylaxis from indefinite national service, reasonable prospects for the enjoyment of human rights and expectations of a job. These conditions do not now exist in Eritrea.<br><br>(3) Going forward, Ethiopia must choose between two roads that lead to Assab. One road, simply taking the plunder of Eritrea’s crimes against humanity by paying the criminals to use the Assab port and surrounding lands, is quick, although it is a road reserved for criminals. A second road will take longer to travel and contains many obstacles. As the regional heg","PeriodicalId":120850,"journal":{"name":"African Law eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132197207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}